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Can my mother sue a doctor that did some surgical procedures on my brother without her permission

Beaumont, TX |

She believe the doctors killed him she tried to sue around the time this happened but couldnt because the doctors were working together and was trying to cover up their mess ups my mother have not been the same since this happened she just want to seek justice for the death of her son and don't know how to go about it. This happened in 1989. Please can someone help

Attorney Answers 5

Posted

The key question is does she have a valid malpractice claim. What she needs to do is to contact a local medical malpractice attorney. The attorney will need to review all of the records. The problem is, however, the statute of limitations has probable run given that the event happened in 1989.

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Asker

Posted

No she doesn't have a valid claim she says that around that time when she tried to sue no lawyer wanted to deal with her case they was always denying her so she gave up and been depressed ever since and it really hurts me to see my mother like this my brother was born with a heart that had a missing left tube a leaky vowel and a hole and the doctors knew that he wasn't going to make it so instead of explaining this to my mother to give her an option on wat was the best thing to do instead they was really doing experiments on him instead of helping save his life she said he didn't have to suffer that way.

Asker

Posted

And to me its really not about money its about seeking justice my mother has been grieving about this for 20 yrs... And when he died the doctors were trying to keep his body to do further experiments and my mother told them no because they already did enough damage so they threw him to my mom and told her here go your baby and she left with his dead body and traveled back to beaumont tx to bury him this took place at utmb hospital in Galveston

Kevin Coluccio

Kevin Coluccio

Posted

Good luck - contact an attorney

Asker

Posted

Thank you so much :-)

Posted

It's too late. There is no state in the US where you can wait 13+ years to sue for wrongful death.

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Joseph Jonathan Brophy

Joseph Jonathan Brophy

Posted

Make that 23+ years.

Posted

No. There are short deadlines to file lawsuits known as statutes of limitations.

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Posted

Yes, she can sue. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason and for any amount of money, all without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. Winning a lawsuit and actually recovering some money are also two entirely different things.

It sounds like your mother may have already sued the doctors and lost. If so, any new lawsuit based on the same facts would be barred by the doctrine of res judicata. But even if she has not previously sued them, her claim is barred by limitations. Texas has a strict two-year statute of limitations that applies to health care liability claims.

Unfortnately, therefore, your mother is at liberty to sue the doctors, but she cannot win.

I am sorry to be the bearer of the above unhappy news.

I wish you and your mother good luck.

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Asker

Posted

Thank you :-)

Posted

TOO LATE

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